Lawyer Dong Xiaohua

In this lecture,Mr.Dong first focused on the"necessity of compliance management of trade secrets",introducing the first domestic case involving 5G technology infringement of trade secrets,and the case involving the IPO patent dispute of Minxin Co.,Ltd.,to clarify the confidential points and scenarios of trade secrets,the categories of trademarks,trade secrets,invention patents,utility model patents,and design patents,as well as the judicial status of intellectual property protection in Chinese courts,The definition and three elements of trade secret are explained in detail.

Next,Mr.Dong introduced the new progress in the legislative,administrative,and judicial protection systems of trade secrets in China,including the Civil Code,the Anti Unfair Competition Law,and the Provisions on Several Issues Concerning the Application of Law in Civil Cases of Infringement of Trade Secrets"Interpretation of Several Issues Concerning the Specific Application of Law in Handling Intellectual Property Criminal Cases(III)","Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs(II)",and other legal and judicial interpretations and related regulations.

Next,Mr.Dong analyzed typical cases of trade secret infringement disputes,including the case of Liu Zhongyan,a Shanghai branch of Vision Energy(Jiangsu)Co.,Ltd.,who took photos of classified equipment while hiding in industrial sites,Zhai Xinghua's crime of infringing trade secrets,Pei Guoliang,a Xi'an Heavy Machinery Research Institute,and the largest amount of nano product technology infringement case in China.On this basis,the key issues in the judicial identification of trade secrets,such as public knowledge identification methods and loss identification,are emphatically elaborated.

Finally,Mr.Dong put forward precise suggestions on risk prevention,control,and compliance management of trade secrets from the perspectives of the risk range of trade secrets and typical characteristics presented in practice,PLM life cycle management of trade secrets,trade secret compliance management,innovation and development of enterprises,and main principles of trade secret management.

During the Q&A session,the online and offline audience had a positive interaction with Teacher Dong.

As an important type of intellectual property,trade secrets are closely related to the business development of enterprises.In recent years,market competition has become increasingly fierce,and cases of infringement of business secrets have emerged in an endless stream.How to better protect business secrets of enterprises has been widely concerned by the state,enterprises,and judicial authorities,and is also a key and difficult issue for lawyers in handling cases.The special event launched by Gaopeng Criminal Lecture Hall is based on practice and focuses on difficulties,with a view to promoting the level of lawyers'handling cases and promoting the high-quality development of Gaopeng's criminal business.

(This article is translated by software translator for reference only.)